عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(7): “Ruling on the Guardianship of an Apostate“

Date Added : 25-01-2018

Resolution No.(7) by the Board of Iftaa`, Research and Islamic Studies:

      “Ruling on the Guardianship of an Apostate“

 

Question: Does apostasy make a father ineligible for guardianship over his family?

Answer: All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

All members of the  Board have agreed that an apostate isn`t considered eligible for guardianship over his Muslim children, so long as he remains as such, for the following reasons:

1- The verse which reads: “And never will God grant to the unbelievers a way (to triumphs) over the believers.“ {An-Nissa`/141}.

2- Article No.(2) of the Jordanian Constitution states that Islam is the official religion of the state.

3- According to Sharia, an apostate deserves to be killed unless he reverts to Islam, and this is why he takes the rulings of the dead as far as his family affairs are concerned.

4- An apostate is no longer a member of the Muslim community, and this is why he takes the ruling of the dead.

Accordingly, once the Sharia judge passes the verdict that Mr.x is an apostate, and separates him from his wife, then there is no reason in Sharia that prevents issuing a family register in the wife`s name, in which her minor children are included as she becomes responsible for them. This is provided that the new register indicates the lineage of these children, and states that their father has become an apostate. And Allah Knows Best.

 

 Iftaa` Committee

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

Is ablution invalidated when blood comes out of the nose, or a wound?

Blood coming out of the nose, or a wound does not invalidate ablution, but it is preferable to make ablution as a way out of the scholars disagreement in this regard.

Is it permissible to offer Istikhara prayer (seeking guidance) after Witr Prayer (A confirmed Sunnah which is offered after Isha prayer and before Fajir prayer with a minimum of 3 Rak`as and a maximum of 11)?

It is permissible to offer Istikhara before and after Witr prayer as it is permissible at any time except that in which prayer is disliked. And Allah Knows Best.

We collect funds from mosques and other sources, saying: "For the poor, the needy, widows, orphans, and those who do not beg insistently." After paying the stipends of the families registered with the Zakat Committee, an amount exceeding 6,000 dinars remained. Is it permissible for me to save it for upcoming months when I may not be able to collect the stipends?

These funds are received by the committee as representatives of the zakat payers to deliver zakat to those entitled to it. It is well-known that delaying zakat while being able to pay it is not permissible. Imam Al-Nawawi (may Allah have mercy on him) said: "Zakat must be paid immediately if one is able to do so, by the presence of wealth and the eligible categories." [Al-Minhaj] Therefore, the committee must distribute the zakat to the eligible recipients without installment payments or using it to purchase material goods for them, as the committee does not have authority over the poor to allocate it in this way. And Allah Knows Best.

A person bought a device through a usurious bank, and receives income from it every month after paying the bank for the price. Now the person regrets it, what should he do now?

This person has fallen into what is forbidden due to dealing with usury. He must repent sincerely, and whoever repents, Allah Will Accept their repentance. As for the device, there is no need to sell it. And Allah Knows Best

See More